...Argument for Capital Punishment Since the 1970's, almost all capital sentences in the United States have been imposed for homicide. There has been intense debate among Americans regarding the constitutionality of capital punishment. Critics charge that executions are violations of the “cruel and unusual punishment” provision of the Eighth Amendment; while supporters of the death penalty counter that this clause was not intended to prohibit legal executions. In the 1972 court case of Furman vs. Georgia , the U.S. Supreme Court ruled that capital punishment was no longer legal. However, in Gregg v. Georgia (1976), the court allowed capital punishments to resume in certain states, and shortly thereafter, Gary Gilmore was executed by a firing squad in Utah. Since the reinstatement of capital punishment in the United States,a separate penalty trial has been required for some capital cases, at which time the jury reviews circumstances that suggest the need for capital punishment. In 1982, Texas became the first state to execute a prisoner using lethal injection; other common methods of execution used in the United States include lethal gas and electrocution. In recent years, the Supreme Court has made it more difficult for death row prisoners to file appeals. Nearly 3 of 4 americans support the death sentence as a form of punishment. The other third has condemned it and their list of claims against it is long. Opponents challenge proponents on issues of deterrence, economics, fallibility...
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...Capital Punishment, a very contradictive topic, has significantly received increase support to abolish it. Society considers it to be unethical and barbaric; the attitude portrayed by the abolishers is impractical. Capital Punishment is not meant to for cruelty, it's meant for true justice for the murderers. In an online article, Ten Reasons to Oppose the Death Penalty, one of the ten reasons was that even the guilty have a right to life (Americamagazine.org). When you let a guilty man or woman live while their victim(s) are dead is an injustice for society. When someone takes another person's life there's an unbalance in justice. If we do not fix the balance between good and bad, society will be overcome by the bad, which is the inequality of letting someone who willingly kills someone live. An ethics guide points that the retribution is just a "sanitized from of vengeance" (BBC- Ethics Guide). To this argument I would like to turn the attention to a famous quote, "An eye for an eye will make the whole world blind." This quote means that getting revenge on someone can cause everyone to end up harmed, and that at the end revenge could only lead to negative effects. The rebuttal would have made a good point if capital punishment was meant for revenge, it is meant to punish those who did unforgivable acts. The criminal is getting punished for his actions like everyone else in society does when the law is broken. Of course there must be proportionality between criminal and...
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...Outline the moral arguments against capital punishment. 1. The death penalty has been distributed in a discriminatory manner because African American or poorer defendants are more likely to be executed than equally guilty others, especially when the victim is white (Russell 1998: 134). 2. Miscarriages of justice occur and the innocent are executed. The American Bar Association (ABA) has urged the appointment of experienced, competent, and adequately compensated trial counsel for death penalty cases and has lobbied for the adoption of its Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases. Clearly, the ABA believes that standard professional qualifications are insufficient for capital cases. 3. The death penalty expresses a desire for vengeance—a motive too volatile and indifferent to the concept of justice to be maintained in a civilized society. The notion that revenge can stand as a motive for official policy on punishment is entirely inconsistent with a rational system of justice conducted by the state on behalf of society (Bedau 1999: 50). 4. Capital punishment is considered to be degrading to human dignity and inconsistent with the principle of the sanctity of life. The argument is that human life, having infinite value, should be respected and protected and that even murderers’...
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...penalty has been ongoing for decades. The central question is whether capital punishment should be retained or abolished worldwide. While the death penalty continues to be used today, most countries have eliminated it in their criminal justice systems. One substantial country that continues to use the death penalty is America. Capital punishment is significant because it permits individuals to be killed lawfully. The death penalty carries enormous power around the legal system in addition to the persons that are accused of serious crimes. The purpose of this paper is to find out the diverse arguments surrounding capital punishment that has led some countries against it and others for it? This will be done by...
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...By definition, capital punishment is the legally authorized killing of someone as punishment for a crime. With a sensitive subject such as this, the question is, is revoking a human being’s life justifiable for the severity of their crimes? Is it acceptable to take away someone’s life out of revenge or does it makes us as immoral as the criminal? As the reader learns more about all the different aspects that make up the murderers in In Cold Blood; Dick Hickock and Perry Smith, we are left with this very same question as to whether or not they deserved the death penalty. A person’s first reaction of what a murderer’s punishment should be is typically the death penalty for the purpose of finding closure/justice but in all reality, revoking someone’s life doesn’t solve anything at all in the long run. All things considered, various articles mention how even criminologists have noted that capital punishment does not effectively deter murder rates. For this reason, the death penalty should not be imposed on anyone for how barbaric and inhumane it is, as well as how there is no deterrent factor and...
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...Using capital punishment as a deterrence continues to plague the minds of criminologist. Understanding the how deterrence works when it comes to capital punishment is important to the future of criminal justice and criminology. Does capital punishment really deter crime or is it exacerbate crime? In previous research it has been assumed that the economic model, which states offenders weigh the expected costs and benefits of committing a crime. Earlier researcher claim that violent crimes happen during interpersonal disputes, therefore cannot be deterred (Glaser, 1977). The brutality of capital punishment only incites criminals and increases the rates of crimes (Bailey, 1997). Opponents for against the capital punishment believe that it deters both crimes of passion and murders by intimates and that stranger murders increase nor decrease after executions. Cases Marcel Wayne Williams v. STATE of Arkansas Williams v. State, 338 Ark. 97, 991 S.W.2d 565 Facts: On November 20, 1994 victim Stacy Errickson had gotten off work and stopped for gas at a local gas station at about 6:45 am. She was approached while in her vehicle by the Mr. Williams who brandished a firearm and forced his way into the driver’s seat of her vehicle. Mr. Williams drove to several ATM machines and...
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...Final: Capital Punishment a just social problem SOC 203 Intro to Social Problems The debate of capital punishment will always generate passion, it is one of the most debated issues in the Criminal Justice system. The absence of capital punishment would prove a greater problem for the sake of society. Many opponents will argue the death penalty should be abolished, they fail to offer up any comparable alternatives for the crime for murder. It is a harsh punishment but, in all fairness, the punishment fits the crime. Capital punishment does what the name suggests: it punishes and it removes the notion that one can kill and get away with it. It serves as a deterrent for those contemplating murder and in the end, it brings justice. Capital punishment defends the sanctity of life and until we evolve to the place where murders are no longer a part of our society, we must punish this crime fairly. To know we have removed a murdering criminal from the street is a relief thankful to deterrence of violent crime, retribution, Christianity, and innocence. One argument for the death penalty is the fact that it deters crime. Those enticed by killing someone might think twice if they know their life will be taken as a consequence. Joanna Shepherd explores the history of capital punishment and explains that while many studies produced mixed results, modern economic studies reveal executions “significantly deter murders” (Shepherd). In addition, Wesley Lowe reports when the death penalty...
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...Capital Punishment Capital punishment has been the center of much controversy dating back to its origins. Although the roots of capital punishment can be traced as far back as the life of Christ, arguments over its effectiveness and morality continue in the midst of its existence today. There are many people who have come up with reasonable arguments for both sides of the issue. Most people who believe that the death penalty is a fair punishment use the argument, "an eye for an eye, a tooth for a tooth, an arm for an arm, a life for a life." Otherwise known as Hamarabi’s Code. While most people who are in opposition use the argument that capital punishment is a cruel and unusual punishment which violates the eighth amendment to the United States Constitution. In the times surrounding the origins of capital punishment, it was used for a wide variety of crimes. Capital punishment can also be found in the Bible. The Bible prescribed the death penalty for crimes such as murder, kidnapping and witchcraft. By 1500 AD, in England, only major felonies carried the death penalty: treason, murder, larceny, burglary, rape, and arson. (Lexicon Universal Encyclopedia, 1989) The United States inherited capital punishment from European settlers in the seventeenth century. They promoted the idea that heinous crimes deserved severe punishment. And this is what brought capital punishment to its present standing. In the United States justice system a proportionate punishment is achieved, in the...
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...Capital Punishment and Crime Deterred Should capital punishment be used in a justice system to deter the level of serious crimes in a society? There have been arguments that capital punishment is the best way to deter crime and arguments that say it is not all over the world. The justice system is in place to keep societies functioning proper, and punish those who hurt that goal, capital punishment is one of the ways that have been aiding in the success. If capital punishment does act as a deterrent for crime, shouldn’t a society use it as a tool for the justice system? However, if capital punishment does not act as a deterrent for crime, then should it be scrapped by the justice system and emphasis be placed on looking for a new way to deter crime? This is more than just a crime deterrent issue because it involves taking a life to save a life. This is an ethical issue of whether capital punishment is the best way to solve the problem, and this has been argued by millions of people all over the world for decades and it is still a highly debated topic to this day. Capital Punishment, also known as the death penalty, is the practice of sentencing a person to execution as punishment for a capital crime after a proper legal trail. It is typically only used as a form of punishment for people who commit serious types of murder. It may not be known, because many countries never actually use it, but there are 58 countries that currently have a form of the death penalty (Unknown, 2010)...
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...Capital Punishment; Revenge or Desert? A Study of Capital Punishment And the Moral Dilemmas it Presents MODR 1760 Professor Dr. Jason C. Robinson March 31, 2014 Capital punishment is the legal process whereby a person is put to death by the state, as a means of punishment for having committed a capital crime. In this essay, I will discuss some of the main advantages and disadvantages of capital punishment and whether capital punishment is a morally and ethically viable approach to punishment. I hold a firmly retentionist position and believe that the most just and fitting punishment for one who has committed a capital offence would be the death penalty. I will support my position with statistics showing that capital punishment has successfully been used to deter people from committing capital crimes. As well, I will discuss various philosophies regarding the morals of execution and punishment in general. My goal in writing this paper is not to force abolitionist thinkers to change their position with regards to capital punishment, but rather to show abolitionist thinkers that there is another way to look at capital punishment. Two of the main principles that are used to support the retentionist philosophy are deterrence and retributivism. Deterrence is the theory that the death penalty is morally just because it will deter would-be murderers from committing capital crimes, which carry a sentence of execution. Retributivism is the idea that criminals should be punished...
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...deals with the death penalty, also known as capital punishment, but whether it should be abolished or not . While some believe that the death penalty is “cruel and unusual punishment” violating the 8th amendment of the United States Constitution, others argue that “an eye for an eye” does justice. Thirty-four different states support this type of punishment including Oklahoma, leaving fifteen states that do not. According to Newport and the Gallup Polls, as of May 2007, “sixty-six percent of Americans -- almost the same percentage that supports the death penalty” consider the death penalty “morally acceptable.” Only twenty-seven percent of people believe the death penalty is morally wrong. Some say that the “legality in the United States is critically undermining American moral stature around the world (Ballaro & Cushman)." The death penalty is a very emotional, complex, and rather complicated matter that includes, but not limited to, the argument of the pros and cons as well as the fact that some convicted people whether executed or not are then later freed from guilt and blame (exonerated). There are many different pros of the death penalty, but I have chosen to only discuss a few of the most controversial topics. Supporters of death penalty believe that “[j]ustice is only achieved when a crime is met with the proper punishment (Pearce).” One issue that the pros argue for is the morality of the death penalty. Capital punishment is often demanded by the supporters that it is...
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...Sally Sunshine Research Proposal Section 1 – Summary of the Argument In my research paper, I will argue the case for the abolition of capital punishment. Outside of the United States, there are only three industrialized democracies that still use the death penalty as part of their justice system (Japan, Singapore, and South Korea). The global movement toward peace can never be led by a country that continues to sanction killing. First, I intend to give an overview of capital punishment, including its history, Supreme Court decisions, and the general controversy. Next, I will present my case by establishing the most relevant points in my argument, including statistics that contradict capital punishment as a crime deterrent, evidence that shows the inconsistency in how defendants are sentenced to death row, and finally evidence of mistaken executions. For my counterargument section, I will acknowledge those who support the death penalty by highlighting their cogent points. The primary counterargument in favor of the death penalty rests on giving the families of victims a sense of closure and justice. This counterargument will be refuted using evidence gathered primarily through national studies and statistics. Finally, I will conclude by summarizing key points in the argument, by offering possible alternatives to the death penalty, and be reasserting the case to federally abolish capital punishment once and for all.Sunshine 2 I do need help with a few questions...
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...is the punishment usually give to those who have committed the most serious and devastating crimes, specifically murder. The death penalty or capital punishment may be bestowed by congress or any state legislature. The death penalty is no longer a form of punishment in many democratic country, for example Britain effectively demolished capital punishment in 1965, many felt that the punishment was not fair and adequate and most of all may not be fitting to the crime. As the country moved to the 21st century opinion changed on the stance on capital punishment, as it has never been proven that capital punishment effectively eradicates other committing similar crimes and murders, it seem to be redundant Although the death penalty is scares and only limited to certain states in individually country it is an important and widely speculated topic. In certain countries it is a legal form of punishment to kill a person who has committed a terrible or serious crime. According to meehan report there are various reason to back and support the capital punishment, here are a few argument that have been put across. When a person commits a crime such as murder the have given up their human rights, which includes the “right to stay alive” (cbbc 2013). This argument poses a moral and just statement, can a life be taken to substitute for another? We are also use to hearing an eye for an eye, tooth for a tooth, we do not consider what it actually means.If this argument is to be...
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...Everest College | Capital Punishment | Death Penalty | Chineata Edwards 10/6/2012 | Capital Punishment: The Death Penalty Capital Punishment or the death penalty is a legal process whereby a person is put to death by the state as a punishment for a committed crime. These crimes are known as capital crimes or capital offenses. The typical judicial decree of a capital offense is issued the death sentence also known as an execution. Capital Punishment is used in only thirty three states in the United States including the federal, civilian, and military legal systems. The History of Capital Punishment in the United States of America provides a means of understanding the dynamics of change and continuity. The death penalty, optional or mandatory is invoked capital crime, but no universal definitions of that term exist. Criminal law is a complex and involves many legal jurisdictions and social values. Usually capital crimes are considered to be treason or terrorist attacks against the government, crimes against property when life is threatened, and crimes against a person that may include murder, assault, and robbery. Today in media, Capital Punishment is a more popular and opinionated topic than Religion. Religious groups have put forth several arguments regarding capital punishment. One argument states that perfect judgment is not humanly possible. A secular argument against capital punishment is that historically the verdict for capital punishment has been rendered...
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...Capital Punishment January 26th, 2014 Since capital punishment is the legal process in which the state puts to death a person that commits a certain type of crime, the death penalty should deter criminals from committing violent crimes. “The executions of people who have been found guilty of offenses believe that some crimes, especially murder, are so serious and so destructive to society that the perpetrators deserve the most severe punishment” (Capital Punishment 2014). In the article, Capital Punishment, the issues focused on the moral argument that killing is wrong, the mental capacity of people facing the death penalty, and the fairness of the death penalty in which wrongful executions of innocent people, and the lack of uniformity in applying capital punishment. “Advances in technology, such as new and improved methods of DNA testing and other laboratory procedures, have shown that the justice system can make mistakes” (Capital Punishment 2014). An opponent of capital punishment argues that this type of punishment discriminates against minorities and the poor, encourages a culture of violence, and that it violates human rights. On the other hand, an advocate of capital punishment argues that it deters crime. The unstated premise in the article is that killing is always wrong. If killing is always wrong, then the death penalty is wrong. Killing is always wrong. Therefore, the death penalty is wrong. “Opponents of capital punishment argue that there are no circumstances...
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